Minimum and Overtime Wage

Minimum and Overtime Wage Violations at Work

Wage violations, such as failing to pay minimum wage or overtime, are illegal under California and federal law. These violations undermine employees’ financial security and devalue their hard work, often leaving them undercompensated for their time.

What is Minimum and Overtime Wage at Work

Minimum wage is the lowest hourly rate an employer can legally pay, while overtime wage provides extra compensation for hours worked beyond standard limits. These protections prevent exploitation and ensure fair earnings. Key elements include:

Minimum Wage: The baseline hourly pay required by law.
Overtime Pay: Enhanced pay rates (1.5x or 2x the regular rate) for additional hours.
Eligibility: Applies to most non-exempt employees; exempt workers (e.g., salaried professionals) may not qualify.

Understanding what Minimum and Overtime Wage is empowers employees to spot violations.

Examples of Minimum and Overtime Wage Violations at Work

Employers may violate wage laws through practices such as:

Paying Below Minimum Wage: Offering less than the legal hourly rate.
Denying Overtime: Not compensating for hours over 8 in a day or 40 in a week.
Misclassification: Labeling non-exempt employees as exempt to avoid overtime pay.
Off-the-Clock Work: Requiring unrecorded, unpaid tasks.
Improper Tip Handling: Mishandling tips or commissions affecting wage calculations.

These actions can significantly reduce an employee’s rightful earnings.

Laws Protecting Your Rights at Work

Federal Protections

Fair Labor Standards Act (FLSA): Sets a minimum wage of $7.25 per hour and requires overtime pay at 1.5 times the regular rate for hours over 40 in a week.

California Protections

California Labor Code and Wage Orders: Mandate a minimum wage of $15.50 per hour (as of 2023) and overtime pay for:

Hours over 8 in a day (1.5x).
Hours over 40 in a week (1.5x).
Hours over 12 in a day (2x).
Hours on the seventh consecutive day (1.5x for the first 8, 2x after).
California’s laws provide broader and stronger protections than federal standards.

How to Protect Yourself if You Experience Minimum and Overtime Wage Violations at Work

If you suspect a wage violation, take these steps:

Check Records: Compare hours worked to wages paid for accuracy.
Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
File a Claim: Report violations to California’s Labor Commissioner within 3 years. An attorney can help you with filing these claims.
Consult an Attorney: An experienced California employment lawyer can evaluate your case and advise you.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.